Recent Cases | Smith Bowyer Clarke

Expert team of Barristers and Solicitors with years of experience in providing advice and representation in Road Transport Law.

Please find some of our recent cases below.

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£96,000 Civil Penalty reduced to £24,000 after notice of Objection - June 2024

The Operator faced a £96000 bill after Border Force found 6 Illegal Immigrants in on of its vehicles before it border the Ferry to England. Murray Oliver, senior solicitor, challenged this with a Notice of Objection and reduced the penalty to £24,000. Operators have 28 days from the issue of […]

Operator Escapes with Curtailment of 1 Vehicle for 7 Days Following Brake Defects Being Identified by DVSA - May 2024

Barrister, Millicent Dooher, represented this Operator before the Traffic Commissioner. The Operator having been called in owing to to a PG9 (prohibition) at MOT test in relation to a braking defect and a history of braking defects on the vehicle which were not being picked up by the provider as […]

Seized Vehicle Restored Free of Charge Following Smuggling of Cigarettes - May 2024

Millicent Dooher submitted a restoration application for this Company whose vehicle was seized following unpaid duty on cigarettes. Border Force agreed to restore the vehicle, free of charge to the Company in the circumstances and were satisfied that the Company had taken reasonable steps in preventing the smuggling of excise […]

Police Mistake Cornetto for Mobile Phone! - May 2024

Barrister, Millicent Dooher, represented this Driver at trial before the Magistrates’ following an allegation of using a mobile telephone whilst driving. The Driver insisted that he had not been on a mobile telephone but had been eating an ice cream at the time. At the trial, Millicent was able to […]

Coach Operator gets Formal Warning and New Undertaking at Public Inquiry after prompt response to Visit - May 2024

A DVSA visit should always be a call  to action for an operator. Murray Oliver received a call as soon as the Operator knew that DVSA were planning to visit. We were able to advise of the preparatory steps for such a visit, introduce the Operator to a Transport Consultant […]

Door Left Open for Scaffolder at Traffic Commissioner’s Public Inquiry - May 2024

Murray Oliver represented a scaffolding operator whose Operators licence had ended because the operator had not completed the renewal forms on time. The applicants orginal systems had let them down by failing to identify the renewal date for the Operator’s licence. After a thorough review of the systems the applicant […]

Licence Granted Despite History of Failed Companies - May 2024

The long tail of Covid for businesses is still causing concern for Traffic Commissioner who will call a an applicant for an Operator Licence to public Inquiry if an operator has a history of failed companies. When Directors appoint insolvency practitioners it is important to remember that the onus is […]

Scaffolder Keeps Licence at Traffic Commissioner’s Public Inquiry - May 2024

Murray Oliver, solicitor, kept a 3 vehicle scaffolding operator on the road after a Public Inquiry. The Operator was called following an unsatisfactory desk based assessment and Maintenance investigation. By the time of the Public Inquiry the operator had made some effort to put things in order before the public […]

Bridge Strike Driver Escapes with 14 day Suspension at Driver Conduct Hearing - May 2024

This driver, represented at his driver conduct hearing by barrister Harry Bowyer, hit a bridge in his truck. The starting point for bridge strikes is revocation of the licence and disqualification for 6 months. The Traffic Commissioner took into account the driver’s age and inexperience as well as his limited […]

Civil Penalty Liability Reduced By 75% For Company and More than 99% For Driver - April 2024

Millicent Dooher represented this Company and Driver following the imposition of civil penalties for 3 clandestine entrants. The Company penalty sat at £30,000.00 and the Driver penalty at £18,000.00. It was accepted that the regulations had not been complied with. Millicent was able to persuade Border Force to consider the […]

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